55Circumstances when a limit of more than 50 hours applies

#### 55 Circumstances when a limit of more than 50 hours applies Overview of section (1) This section sets out the circumstances in which a limit of more than 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of a fee reduction claimant (see paragraph 52(1)(a)). Work/disability test satisfied if fee reduction claimant is an individual (2) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if: (a) the Secretary considers that for a specified period or indefinitely (if no period is specified), the claimant needs or needed care for the child for a particular number of hours in a week more than 50; and (b) the Secretary considers that the amount of care is needed because the individual, and that individual’s partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period or indefinitely, as the case may be; and (c) the week falls within, or is the same as, the period or, if no period is specified, the week is one after the start of the indefinite period. The amount of the limit is the particular number of hours more than 50. Work/disability test satisfied if fee reduction claimant is an approved child care service (3) A limit of more than 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers: (i) that for a specified period the individual needs or needed care for the child for a particular number of hours in a week more than 50; and (ii) that the amount of care is needed because the individual, and that individual’s partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period; and (c) the week falls within, or is the same as, the period. The amount of the limit is the particular number of hours more than 50. If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist (4) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers: (a) that for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and (b) the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the claimant. The amount of the limit is the particular number of hours more than 50. If fee reduction claimant is an approved child care service and Secretary considers that exceptional circumstances exist (5) A limit of more than 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers: (i) that, for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and (ii) that the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the individual. The amount of the limit is the particular number of hours more than 50. Service considers that child at risk (6) Subject to subsection (7), a limit of more than 50 hours in the week applies to a fee reduction claimant if: (a) in the case where the claimant is an individual—the approved child care service providing care to the child; or (b) in the case where the claimant is an approved child care service—the service; certifies that, for a specified period that includes, or is the same as, the week, the child needs or needed a particular number of hours of care in a week more than 50 because the child is or has been at risk of serious abuse or neglect. The amount of the limit is the particular number of hours more than 50 that the service specifies. Limitation on service giving certificates under subsection (6) (7) An approved child care service providing care to a child may only give a certificate under subsection (6) if the period specified in the certificate, and the period specified in each other certificate (if any) given by the service under that subsection in relation to the child and the same financial year, does not in total exceed 13 weeks. Secretary considers that child at risk (8) A limit of more than 50 hours in the week applies to a fee reduction claimant if: (a) either: (i) in the case where the claimant is an individual—the approved child care service providing care to the child; or (ii) in the case where the claimant is an approved child care service—the service; has given one or more certificates under subsection (6) such that the total period specified in the certificates in respect of the child in the same financial year equals 13 weeks; and (b) the Secretary considers that the child needs or needed a particular number of hours of care in a week more than 50 in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and (c) the week falls within, or is the same as, the period specified by the Secretary. The amount of the limit is the particular number of hours more than 50.